Dismissed
H-1B
H-1B Dismissed — Social Services (2024): did not establish the proffered 'habilitation specialist'
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'habilitation specialist' position qualifies as a specialty occupation. The AAO determined that the wide and disparate range of acceptable degree fields (psychology, sociology, social work, education, and other human services) was too broad. This indicated that the position does not require the application of a body of highly specialized knowledge in a specific specialty as mandated by H-1B regulations.
Criteria Discussed
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement The Degree Requirement Is Common To The Industry In Parallel Positions The Employer Normally Requires A Degree For The Position The Duties Are So Specialized And Complex That The Knowledge Required Is Usually Associated With A Degree
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